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SENATE BILL NO. 472
INTRODUCED BY J. WELLS, M. BRAINARD, R. CLARK
AN ACT REVISING CRIMINAL CODE PROVISIONS RELATING TO MACHINE GUNS AND SILENCERS; AMENDING SECTIONS 45-8-301, 45-8-302, 45-8-305, 45-8-307, AND 45-8-337, MCA; AND REPEALING SECTIONS 45-8-306, 45-8-308, AND 45-8-309, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-8-301, MCA, is amended to read:
"45-8-301. Uniformity of interpretation. Sections 45-8-302 through
45-8-309 shall 45-8-305 and 45-8-307 must be so
interpreted and construed as to effectuate their general purpose to make uniform the law of those states which that enact
Section 2. Section 45-8-302, MCA, is amended to read:
"45-8-302. Definitions. In 45-8-303 through
45-8-309 45-8-305 and 45-8-307, the following definitions apply:
(1) "Crime of violence" means any of the following crimes or an attempt to commit any of the
same crimes: any forcible
felony, robbery, burglary, and criminal trespass.
(2) "Machine gun" means a
weapon of any description by whatever name known, loaded or unloaded, from which more
than six shots or bullets may be rapidly, automatically, or semiautomatically discharged from a magazine by a single
function of the firing device firearm designed to discharge more than one shot by a single function of the trigger.
(3) "Person" includes a firm, partnership, association, or corporation."
Section 3. Section 45-8-305, MCA, is amended to read:
"45-8-305. Presumption of offensive or aggressive purpose. Possession or use of a machine gun
shall must be
presumed to be for an offensive or aggressive purpose : (1) when the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy
by the person in whose possession the machine gun may be found; (2) when the machine gun is in the possession of or used by a person who has been convicted of a crime of violence in
any court of record, state or federal, in the United States of America or its territories or insular possessions ; (3) when the machine gun is of the kind described in 45-8-309 and has not been registered as required in that section; or (4) when empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of
being used in the machine gun are found in the immediate vicinity thereof."
Section 4. Section 45-8-307, MCA, is amended to read:
Nothing contained in Sections 45-8-301 through 45-8-309 shall 45-8-305 and this section do
not prohibit or interfere with:
(1) the manufacture of machine guns for and sale of machine guns to the military forces or the peace officers of the
United States or of any political subdivision
thereof of the United States or the transportation required for that purpose;
(2) the possession of a machine gun for a scientific purpose or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake;
(3) the possession of a machine gun
other than one adapted to use pistol cartridges of 30 (.30 in. or 7.63 mm.) or larger
caliber for a purpose manifestly not aggressive or offensive."
Section 5. Section 45-8-337, MCA, is amended to read:
"45-8-337. Possession prima facie evidence of unlawful purpose. Possession of a silencer that is not registered under federal law or of a bomb or similar device charged or filled with one or more explosives is prima facie evidence of a purpose to use the same to commit an offense."
Section 6. Repealer. Sections 45-8-306, 45-8-308, and 45-8-309, MCA, are repealed.
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Latest Version of SB 472 (SB0472.ENR)
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